In this blog on Pillars of Freedom: Understanding the Role of Fundamental Rights in India, the author has discussed the importance of fundamental rights in India.
INTRODUCTION:
The particular reason for the circumstances any democratic society must have fundamental rights that guarantee the preservation of individual freedoms and liberties. According to the Constitution of India, maintaining social fairness and defending citizens’ rights depend heavily on fundamental rights. Part III of the Constitution of India enshrines these rights, which serve as the cornerstone of the Indian legal system. Gaining an understanding of the importance of basic rights in India necessitates an in-depth review of the legal and historical framework that established these rights as well as their influence on the social and political climate of the country.
The ambitions of a people striving for the exact purpose of justice, equality, and freedom are reflected in the Indian Constitution. [i]These rights, which are enshrined in Articles 12 to 35, are fundamental to both legal rules. We dig into the complex aspects of Fundamental Rights in this analytical discourse, examining their constitutional foundations, historical development current applicability, and future prospects.
THE CONSTITUTIONAL SECURITY, ARTICLE 12:
The first step towards comprehending the breadth and relevance of fundamental rights is to read Article 12.[ii] It defines a “state” as including not just the legislative and executive branches but additional entities such as companies and municipalities. This broad reading captures the farmers’ intentions to guarantee that Fundamental Rights are shielded from capricious interference regardless of the body exercising governmental authority.
THE JUDICIAL REVIEW DOCTRINE, ARTICLE 13:
The concept of judicial review is embodied in Article 13, which gives the court the authority to invalidate any legislation or governmental action that violates fundamental rights.[iii] This clause emphasizes the Constitution’s supremacy and places it above other laws.[iv] The judiciary has created a strong body of law surrounding fundamental rights via significant rulings, protecting them from legislative intrusions.
THE RIGHT TO EQUALITY, ARTICLE 14:
The core of equal protection under the law and equality before the law is encapsulated in Article 14.[v] A careful examination reveals that equality means fair treatment based on appropriate categorization rather than uniform treatment. A more comprehensive approach to judicial examination has evolved to ensure that classifications are not arbitrary or discriminatory. This fundamental promise promotes a society in which opportunities are determined by merit rather than birthright or privilege.
RIGHT TO FREEDOM, ARTICLE 19:
Individual liberties are based on Article 19, which includes freedoms of speech, expression, assembly, and mobility. Nonetheless, the right to freedom is not unrestricted, reasonable limitations may be placed on it for the exact purpose of the sake of morality, public order, and national sovereignty.[vi] This fine line between liberty and control captures the dynamic changes in society as well as the necessity of preserving social cohesion.
RIGHT TO LIFE AND PERSONAL LIBERTY, ARTICLE 21:
This provision guarantees each person the right to life and personal liberty.[vii] The judiciary has given Article 21 a broad interpretation that includes various aspects such as the right to privacy, dignity, and a clean environment. By issuing landmark rulings, the court has broadened the scope of Article 21, thereby ensuring that it continues to be safeguarded against the abuses of the state and social injustices.
RIGHT TO CONSTITUTIONAL REMEDIES, ARTICLE 32:
For those who have been harmed and are looking for justice after their fundamental rights have been violated, article 32 is a ray of hope. Often referred to by Dr. B.R. Ambedkar as the “soul” of the constitution, this article gives citizens the authority to petition the Supreme Court directly to have their rights upheld.[viii] Its use in emergency declarations and other crisis situations highlights how crucial it is to maintaining constitutionalism and the rule of law.
SETTING THE MOST RECENT COURT RUMINATIONS IN HISTORICAL PERSPECTIVE:
The conversation around Fundamental Rights has been influenced by recent judicial rulings, which demonstrate the judiciary’s proactive involvement in defending liberty.[ix] The Supreme Court has shown a dedication in order to uphold constitutional principles and advancing society via its decisions on matters along the lines of privacy, LGBTQ+ rights, and free expression.[x] But some rulings along the lines of those in regards to internet blockades or laws against sedition have spurred discussions in regards to how in order to strike a balance between people’s rights and the needs of national security.
THE FUNDAMENTAL RIGHT’S INTERSECTIONALITY:
The principles of the constitution interact with other laws and social mores, rather than existing in a vacuum.[xi] For example, affirmative action laws that seek in order to correct historical injustices and advance social inclusion collide with the right to equality. Similar to this, secularism and the right in order to freedom of religion collide, demanding a careful balance between religious plurality and official impartiality. Comprehending these interconnections is crucial in developing sophisticated legal structures and promoting inclusive communities.
PROSPECTS AND DIFFICULTIES FOR THE FUTURE:
India’s success and development have made the importance of fundamental rights even more apparent. However, a number of obstacles must be overcome in order for these rights in order to be realized such as socioeconomic inequality, cultural bias, and technological upheavals.[xii] Developing adaptable legal frameworks, improving the accessibility of justice, and promoting public awareness are essential for the exact purpose of overcoming these obstacles and strengthening the foundation of Indian democracy.
CONCLUSION:
To sum up, everything that has been stated so far the goals of a country pursuing liberty, and justice are embodied in the fundamental rights. These rights which include the unalienable right to life and personal liberty as well as the constitutional guarantee of equality form the cornerstones of Indian democracy. India has achieved notable progress in the realization of fundamental rights through judicial activism, legislative reforms, and societal mobilization.
But the path to a rights-centric democracy is not without its difficulties and complications, requiring constant watchfulness, activism, and institutional changes. All parties involved in the maintenance of democracy, including citizens, legislators, and the court, have an obligation to defend and preserve fundamental rights in order to guarantee that the ideals of justice, equality, and liberty are realized across the country.
By- Khushi Sarkhedi, BA.LLB,
Second Year of Auro University, Surat.
References:
[i] INDIA CONST. art. 12 & 35.
[ii] INDIA CONST. art. 13.
[iii] Centurylawfirm, https://www.centurylawfirm.in/blog/fundamental-rights-and-duties-in-indian-constitution/, (last visited Feb. 01, 2024).
[iv] INDIA CONST. art. 13.
[v] INDIA CONST. art. 14.
[vi] INDIA CONST. art. 19.
[vii] INDIA CONST. art. 21.
[viii] INDIA CONST. art. 32.
[ix] byjusexamprep, https://byjusexamprep.com/upsc-exam/judicial-activism, (last visited Feb. 01, 2024).
[x] NEXT IAS Blog, https://www.nextias.com/blog/fundamental-rights/ (last visited Feb. 01, 2024).
[xi] Century Law Firm Blog, https://www.centurylawfirm.in/blog/fundamental-rights-and-duties-in-indian-constitution/, (last visited Feb. 01, 2024).
[xii] GeeksforGeeks, https://www.geeksforgeeks.org/fundamental-rights/, (last visited Feb. 01, 2024).
For more Blogs – CLICK HERE.
To Shop- Click Here
Lawyers Gyan is now on Telegram (t.me/LAWYERSGYAN). Follow us for regular legal updates. Follow us on Instagram, LinkedIn, Facebook & Twitter or join our WhatsApp group.
Disclaimer:
Lawyers Gyan has no control over the above-listed items as it is directly from the customer or taken from other sources. Despite our best efforts, some of the content may contain errors. You can trust us, but please conduct your own checks too. In case of any discrepancy please write to lawyersgyaan@gmail.com.
